584 THE LAW OF MOVABLES

in Scotland (where marriage does not revoke a will); then marries in
Scotland, and ultimately dies domiciled in England.

In this case the will stands. English law applies only as being
the governing testamentary law under which A dies, and there-
fore its doctrine as to the effect of marriage cannot affect a mar-
riage that took place when the parties had a foreign domicil.
The reverse case to that just put is as follows:

A makes a will while domiciled in Scotland; then acquires an English
domicil and later marries in England.

Here the question as to revocation is governed by English law
as being the law applicable to all matters concerning the matri-
monial regime.

is this The remaining question is whether the law as above stated

tffected is affect^ by section 3 of Lord Kingsdown's Act, which pro-

by Lord vides that no will shall be revoked by a subsequent change of

dow?s domicil.1 It is difficult to appreciate what effect the statute can

Act?have on the matter. Westlake, however, writes as follows:

'If the testator marries after changing his domicil, and the marriage
would revoke his will by the law of his last dornicil, but not by that
under which he was domiciled at the time when he made his will, the
will is not revoked.'2

The words 'last domicil' are obscure, but what he appears to
maintain is, for instance, that if a Frenchman makes a will while
domiciled in Scotland and then, having acquired an English
domicil, marries in England, the will is saved from revocation
by the operation of the third section.

This would appear to be an erroneous view. Even if a British
subject were to make a will while domiciled, for instance, in
Scotland, and were then to marry in England after acquiring an
English domicil, it is reasonably clear that the will would not
be saved from revocation by the third section. For one thing,
the operation of a matrimonial rule can scarcely be affected by a
testamentary statute.3 For another, section 3, since it refers to
a mere change of domicil, cannot reasonably be extended to
a case where in addition there is some further act, such as an
express revocation, or an implied revocation by marriage.

Two decisions are said to justify Westlake's statement.

In the In the case of In the Goods ofReidf a British subject while domiciled
'm Scotland made a settlement in Scofland, which was a valid will by

1 Supra, p. 567. 2 S. 86. 3 Dicey, pp. 625-8.

* (r«66),LJL I P. & 0.74,